COMMITTEE SUBSTITUTE
FOR
H. B. 4052
(By Delegates Longstreth, Poling, Caputo, Manchin and Martin)
(Originating in the Committee on the Judiciary)
[January 27, 2006]
A BILL to amend and reenact §48-27-307 of the Code of West
Virginia, 1931, as amended, relating to domestic violence
generally; and providing that alleged victims may have a
person of their choice to accompany them when being
interviewed by law-enforcement personnel or the prosecuting
attorney except when the accompanying person is the person
accused of domestic violence in the petition sought.
Be it enacted by the Legislature of West Virginia:
That §48-27-307 of the Code of West Virginia, 1931, as
amended, be amended and reenacted to read as follows:
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-307. Persons accompanying petitioner.
No person accompanying a person who is seeking to file a
petition under the provisions of this article is precluded from
being present if his or her presence is desired by the person
seeking a petition unless the person's behavior
is disruptive to disrupts the proceeding:
Provided That no person accused of the
domestic violence at issue in the petition sought is allowed to
attend as the accompanying person.
An alleged victim of domestic violence has the right to have
a person of his or her choosing to be present at any interview or
meeting with law-enforcement personnel or with the prosecuting
attorney. At the beginning of any meeting or interview with an
alleged victim of domestic violence, the law-enforcement officer or
the prosecuting attorney shall inform the alleged victim of the
right to have a person of his or her choosing present during the
interview or meeting.
NOTE: The purpose of this bill is to provide that alleged
victims of domestic violence or abuse have the right to have a
person of their choosing present when they are interviewed by
law-enforcement officers or the prosecuting attorney.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.